Case Summary
The complainant, Jayakumar T J, lent money to the accused, Annamma Mathew, who later issued a cheque that was dishonoured. The complainant alleged that the cheque was part of a legally binding transaction, while the accused denied any such liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The entire fine amount of ₹2,50,000 shall be paid to the Complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure.
Case Type
Criminal Case
Final Judgment
No
The accused, Annamma Mathew, was found guilty of issuing a dishonoured cheque and sentenced to one month of simple imprisonment and a fine of ₹2,50,000, which is to be paid to the complainant as compensation.
Why Plaintiff Won:
The complainant successfully established the statutory ingredients required under Section 138 of the Negotiable Instruments Act.
The complainant successfully established the statutory ingredients required under Section 138 of the Negotiable Instruments Act.
Losing Side's Weaknesses:
The complainant successfully established the statutory ingredients required under Section 138 of the Negotiable Instruments Act.
The complainant successfully established the statutory ingredients required under Section 138 of the Negotiable Instruments Act.
Supporting Evidence
The complainant has successfully established all the statutory ingredients required under Section 138 of the Negotiable Instruments Act.
Judgment Evidence:
In the result, the Accused is convicted under Section 255(2) Cr.P.C. The Accused is sentenced to undergo simple imprisonment for a period of one (1) month and to pay a fine of ₹2,50,000/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumar T J
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annamma Mathew
- Relation
- W/o Binu Abraham
Plaintiffs Documents
Cheque bearing No.179640 dated 10.10.2018, Bank dishonour memo dated 21.11.2018, Copy of notice dated 21.12.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Hari Prabha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Siby Chenappady
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation amount of Rs.2,50,000/- to be paid to the complainant.
Evidence:
The entire fine amount of 2,50,000/- shall be paid to the Complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure, 1973.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for the accused for a period of one month.
Evidence:
The Accused is convicted under Section 255(2) Cr.P.C. He is sentenced to undergo simple imprisonment for a period of one (1) month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of fine, further imprisonment for two months.
Evidence:
In default of payment of fine, the Accused shall undergo simple imprisonment for a further period of two (2) months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the accused as a repayment for the loan given by the complainant.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Indicates the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Demanded payment from the accused after the cheque was dishonoured.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of dispatch of the lawyer's notice.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer's notice by the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2023
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month